❓ Hon George Cash asks about succession law reform following concerns raised by Dr. John Hockley. Hon Nick Griffiths responds that a working group has been established to consider the matter and advise on a timetable for legislative reform.
AnsweredQoN 1319Legislative Council
QuestionView source ↗
(1) Is the Attorney General aware of the article headed “The need for succession law reform in WA: Please don’t die in WA?” and authored by Dr John Hockley, a prominent Perth barrister, which was published in Brief in July 2003? (2) Given the issues raised by Dr Hockley, what action is the Attorney General taking to address these important matters? (3) When is it anticipated that relevant legislation will be introduced into the Parliament? Hon NICK GRIFFITHS
AnswerView source ↗
I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(2) Given the issues raised by Dr Hockley, what action is the Attorney General taking to address these important matters? (3) When is it anticipated that relevant legislation will be introduced into the Parliament? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(3) When is it anticipated that relevant legislation will be introduced into the Parliament? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(v) “30th Anniversary Reform Implementation Report” of 2002.
(2) Given the issues raised by Dr Hockley, what action is the Attorney General taking to address these important matters? (3) When is it anticipated that relevant legislation will be introduced into the Parliament? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(3) When is it anticipated that relevant legislation will be introduced into the Parliament? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
I thank the member for some notice of this question. The Attorney General has provided the following response - (1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(1)-(3) Yes. The Attorney General has already acted to establish a working group whose terms of reference will require it, for example, to consider the following - (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(b) Reports of the Western Australian Law Reform Commission headed - (i) “Recognition of Interstate and Foreign Grants of Probate and Administration”, project No 34(IV), November 1984; (ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002. It is anticipated that the working group will also advise on a timetable for suggested legislative reform.
(ii) “Administration of Assets of the Solvent Estates of Deceased Persons in the Payment of Debts and Legacies”, project No 34(VII), June 1988; (iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(iii) “Effect of Marriage or Divorce on Wills”, project No 76(II), December 1991; (iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(iv) “The Administration Act 1903”, project No 88, August 1990; and (v) “30th Anniversary Reform Implementation Report” of 2002.
(v) “30th Anniversary Reform Implementation Report” of 2002.
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